25 FLRA No. 67
DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION
BALTIMORE, MARYLAND AND SOCIAL SECURITY
ADMINISTRATION, GREAT LAKES PROGRAM
SERVICE CENTER, CHICAGO, ILLINOIS
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Charging Party
Case No. 5-CA-60268
DECISION AND ORDER
I. Statement of the Case
This matter is before the Authority under section 2429.1(a) of the
Authority's Rules and Regulations based on a stipulation of facts by the
parties who have agreed that no material issue of fact exists. The
General Counsel, the Charging Party (Union), and the Respondent have
filed briefs with the Authority.
The complaint alleges that the Respondent violated section
7116(a)(1), (5) and (8) of the Federal Service Labor-Management
Relations Statute (the Statute) by refusing to provide the Union with
the names and home addresses of all bargaining unit employees located at
600 W. Madison and 165 N. Canal Street, Chicago, Illinois. The Union's
request was made pursuant to section 7114(b)(4) of the Statute. The
Respondent, relying in part on the Authority's decision in Farmers Home
Administration, Finance Office, 19 FLRA No. 21 (1985), denied the
Union's request. The Respondent asserted that the employees' privacy
interests in their home addresses outweighed the Union's need to
communicate with them and that disclosure of the requested information
would violate the Privacy Act. The Respondent also asserted that the
Union had adequate alternative means available for communicating with
the employees and that management was not convinced that the Union had
attempted to effectively use all of those alternatives.
II. Position of the Parties
In its brief to the Authority, the Respondent repeated its reasons
noted above for its denial of the Union's request. Both the General
Counsel and the Union argued in opposition to the Respondent's position.
III. Analysis and Conclusions
In our Decision and Order on Remand, in Farmers Home Administration
Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (FHAFO), we
reviewed the Authority's previous decision, cited by the Respondent,
concerning the release of the names and home addresses of bargaining
unit employees to exclusive representatives. We concluded that the
release of the information is not prohibited by law, is necessary for
unions to fulfill their duties under the Statute, and meets all of the
other requirements established by section 7114(b)(4). We also
determined that the release of the information is generally required
without regard to whether alternative means of communication are
available. Consistent with our decision on remand in FHAFO, we find
that the Respondent was required to furnish the Union with the home
addresses of the employees in the bargaining unit. Further, we find
that the home addresses of the unit employees are reasonably available
to the Respondent and that it would not place an undue burden on the
Respondent to provide the Union with the information requested.
Finally, we conclude that Respondent's refusal to provide the Union with
the names and home addresses sought in this case violated section
7116(a)(1), (5) and (8) of the Statute.
IV. Order
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Federal Service Labor-Management Relations
Statute, the Department of Health and Human Services, Social Security
Administration, Baltimore, Maryland and Social Security Administration,
Great Lakes Program Service Center, Chicago, Illinois, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American Federation of
Government Employees, AFL-CIO, the exclusive representative of its
employees, the names and home addresses of all bargaining unit employees
located at its 600 W. Madison, Great Lakes Program Service Center,
Chicago, Illinois facility and at its 165 N. Canal Street, Chicago,
Illinois facility.
(b) In any like or related manner, interfering with, restraining, or
coercing its employees in the exercise of rights assured them by the
Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Upon request by the American Federation of Government Employees,
AFL-CIO, the exclusive representative of its employees, furnish it with
the names and home addresses of all bargaining unit employees located at
its 600 W. Madison, Great Lakes Program Service Center, Chicago,
Illinois facility and at its 165 N. Canal Street, Chicago, Illinois
facility.
(b) Post at all its facilities at the Great Lakes Program Service
Center and at 165 N. Canal Street, Chicago, Illinois, where
bargaining-unit employees represented by the American Federation of
Government Employees, AFL-CIO are located, copies of the attached Notice
on forms to be furnished by the Federal Labor Relations Authority. Upon
receipt of such forms, they shall be signed by the Director of the
Department of Health and Human Services, Social Security Administration,
Great Lakes Program Service Center, Chicago, Illinois, and shall be
posted and maintained for 60 consecutive days thereafter, in conspicuous
places, including all bulletin boards and other places where notices to
employees are customarily posted. Reasonable steps shall be taken to
insure that such Notices are not altered, defaced, or covered by any
other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region V, Federal Labor
Relations Authority, in writing, within 30 days from the date of this
Order, as to what steps have been taken to comply.
Issued, Washington, D.C., February 20, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY AND TO
EFFECTUATE
THE POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE
WE NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to furnish, upon request of the American
Federation of Government Employees, AFL-CIO, the exclusive
representative of our employees, the names and home addresses of all
bargaining unit employees located at our 600 W. Madison, Great Lakes
Program Service Center, Chicago, Illinois facility and at our 165 N.
Canal Street, Chicago, Illinois facility.
WE WILL NOT in any like or related manner interfere with, restrain,
or coerce our employees in the exercise of rights assured them by the
Federal Service Labor-Management Relations